PATTIMURA Legal Journal最新文献

{"title":"Pertanggungjawaban Hukum Perbuatan Praktek Tukang Gigi","authors":"Imelda Ongkiwijaya, John Dirk Pasalbessy, D. Hehanussa","doi":"10.47268/pela.v2i3.10677","DOIUrl":"https://doi.org/10.47268/pela.v2i3.10677","url":null,"abstract":"Introduction: The practice of dental artisans which is now increasingly mushrooming in the community seems to have caused serious problems, namely victims of practices that are not in accordance with procedures. Several cases indicate that it turns out that the practice of dental artisans has become one of the people's choices given the low cost and practicality in providing services, even though medically the consequences are often not considered, and if a victim arises, the legal issue is whether dental artisans can be held legally responsible, if so, what form? liability under civil law and criminal law, even according to health law itself. \u0000Purposes of the Research: The purpose of this article is to examine and anylize forms of legal protection for the victim in the practice of dental artisan. \u0000Methods of the Research: Answering the legal issues of this research, the research method using normative legal research is supported through a statutory approach, a concept approach and a case study approach. The sources of legal materials are primary, secondary and tertiary sources of legal materials collected through literature study and several documents which are then analyzed using qualitative analysis. \u0000Results of the Research: The results of the study concluded that judging from the health law and the law on the practice of medicine and dentistry, it is clear that the dentist profession is one of the academic professions that must be pursued through formal academic education in higher education so as to obtain a dental professional degree, while dental artisans also get education although not through formal education. Likewise with their professional practice, both dentists and dental artisans have a clear practice basis, namely the law on medical practice and the Regulation of the Minister of Health, where in these regulations it is emphasized that apart from permits as well as reporting and supervision carried out by the Health Office where dental artisans perform practice. It turns out that not a few dental artisan practices do not get a permit, even in practice there are many cases such as the installation of dental braces, cleaning and installation of teeth that are not up to standard, resulting in victims who, when viewed from the law on the health of the victim, need legal protection. One form of protection is legal liability, both according to civil law and according to criminal law.","PeriodicalId":477197,"journal":{"name":"PATTIMURA Legal Journal","volume":"51 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138983768","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Kewenangan Pemerintah Daerah Dalam Pengelolaan Wilayah Pesisir dan Pulau-Pulau Kecil","authors":"Edy Sony","doi":"10.47268/pela.v2i3.11146","DOIUrl":"https://doi.org/10.47268/pela.v2i3.11146","url":null,"abstract":"Introduction: The regional authority to manage the resources of coastal areas of the sea and small islands as far as 12 miles for the province based on Law No. 9 of 2015 concerning the Second Amendment to Law No. 23 of 2014 concerning Regional Government causes horizontal conflicts of sea plots in the society. Not only conflicts between government institutions (sectoral conflicts) but also related to regional authorities in managing coastal marine resources and small islands. \u0000Purposes of the Research: To analyze various provisions of laws and regulations governing the authority of local governments in the management of coastal areas and small islands, as well as the role of local governments in the management of coastal areas and small islands. \u0000Methods of the Research: The type of research used is normative legal research that studies how legal norms are. The data collection method uses the library research. This study used secondary data obtained from various literature and regulations. \u0000Results of the Research: The results showed that since the enactment of Law Number 23 of 2014 concerning Regional Government, the authority to manage marine waters by the Regency / City Government has decreased. The zoning area as far as 0-4 miles which was originally managed by the Regency / City Government is now managed by the Provincial Government so as to make the zoning of the Provincial authority 0-12 miles. While the authority to manage sea areas more than 12 miles is carried out by the Central Government. In addition, the authority of Regional Governments in the management of coastal areas is also regulated in Law No. 1 of 2014 concerning amendments to Law No. 27 of 2007 concerning Management of Coastal Areas and Small Islands, Article 1 and Article 63 of Regional Governments organize government according to the principle of autonomy, which is a division of elective concurrent government affairs, where Regional Governments play an important role in community empowerment.","PeriodicalId":477197,"journal":{"name":"PATTIMURA Legal Journal","volume":"123 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138983616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Pengguna Aplikasi E-Wallet Dana","authors":"Hartanto Hartanto, Vincent Rosadi, Ervin Alvaro Yosmar","doi":"10.47268/pela.v2i3.10582","DOIUrl":"https://doi.org/10.47268/pela.v2i3.10582","url":null,"abstract":"Introduction: It is becoming easier for people to use the internet, which previously had to be done in an internet cafe, but now it is quite practical to use a smartphone/Android. This opportunity is attractive for funding application service providers to develop their business in various ways. The impact is that people's hedonism as consumers increases while the risk of problems increases. \u0000Purposes of the Research: To determine legal protection for consumers for users of the DANA E-Wallet application \u0000Methods of the Research: This research is normative legal research, to find legal norms related to consumer protection for the use of the DANA E-Wallet, while the data source used is secondary data. \u0000Results of the Research: There are still difficulties in obtaining accountability from DANA if losses occur to consumers. The government has taken preventive action by also issuing laws regulating electronic transactions. The security of personal data (privacy) of users must be protected from being the responsibility of the service provider, and if losses result from leaking of personal data, then the service provider can be asked for compensation.","PeriodicalId":477197,"journal":{"name":"PATTIMURA Legal Journal","volume":"104 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138983823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penerapan Disiplin Pegawai Negeri Sipil Di Pengadilan Negeri Ambon","authors":"Hesty Kusumaningsy Ely, Salmon Eliazer Marthen Nirahua, D. Pattipawae","doi":"10.47268/pela.v2i3.10678","DOIUrl":"https://doi.org/10.47268/pela.v2i3.10678","url":null,"abstract":"Introduction: The position of civil servants has a strategic role in governance. Civil servants as an instrument of government are very central because they carry and carry out components of government regulations and policies to realize the goals of the state. In order to effectively prevent the occurrence of irregularities in the implementation of duties or violations of the behavior of court officials, it is necessary to carry out continuous supervision and guidance by each direct superior to his subordinates. \u0000Purposes of the Research:  to review and analyze the implementation of Government Regulation Number 94 of 2021 concerning Discipline for Civil Servants at the Ambon District Court. \u0000Methods of the Research: normative juridical research, namely a research in the field of law that aims to examine legal principles, legal principles and legal systematics. The legal materials used are primary legal materials and secondary legal materials. The problem approach used in this study is the statutory approach, and the conceptual approach. \u0000Results of the Research: Discipline violations are any words, writings, or actions of civil servants that do not comply with their obligations and/or violate the prohibition of civil servant disciplinary provisions. In November 2021 one ASN PN Ambon disobeyed obligations and violated the prohibition on civil servant disciplinary provisions both carried out inside and outside working hours by using Office Cooperative money and other deductions that were taken intentionally to be used to play online gambling and used to fulfill needs the day-to-day family according to the reasons conveyed by the civil servant, the husband of the civil servant stated that the money taken by his wife was not to meet the daily needs of the house.","PeriodicalId":477197,"journal":{"name":"PATTIMURA Legal Journal","volume":"93 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139011891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Diversi Dalam Penanganan Anak Yang Berkonflik Dengan Hukum Dalam Sistem Peradilan Pidana Anak","authors":"Yerusalina Ingratubun, Elsa Rina Maya Toule, H. Z. Wadjo","doi":"10.47268/pela.v2i3.10676","DOIUrl":"https://doi.org/10.47268/pela.v2i3.10676","url":null,"abstract":"Introduction: Children in conflict with the law in the juvenile criminal justice system, the form of settlement is with a restorative justice approach through diversion which is an initial step in the settlement process before proceeding to the next legal process. \u0000Purposes of the Research:  This study aims to analyze and examine the implementation of diversion in handling children in conflict with the law. \u0000Methods of the Research: The type of research used in this research is empirical. Sources of data include primary data and secondary data. Data collection techniques through interviews and literature study and data analysis using qualitative analysis. \u0000Results of the Research: The results showed that the implementation of diversion in handling criminal acts committed by children was in accordance with what was mandated by the Juvenile Criminal Justice System Act at the stages of investigation, prosecution and trial. If the settlement of a criminal case committed by a child through diversion is successful in peace between the parties, the report will be revoked because there has been a mutual agreement in the peace made. The settlement process with this diversion did not all run smoothly and succeeded in reaching a peace agreement between the parties. If the diversion process does not result in an amicable agreement or the diversion agreement is not implemented, then the juvenile criminal justice process will proceed to the Court. In the settlement of criminal cases committed by children, there are still obstacles faced by law enforcement officers and litigants and there are still factors that hinder the implementation of diversion.","PeriodicalId":477197,"journal":{"name":"PATTIMURA Legal Journal","volume":"95 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138983662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}